Comprehension Brisbane Criminal Law Terminology

The Australian courts is rife with extremely specialised terminology that a majority of people might have trouble understanding. So when you, or someone near to you may be facing a criminal charge, it’s important to view the legal terminology that’s likely to surface in legal documents and within a trial. Here we’ve provided a summary of many of the more confusing terms and definitions often utilized in the Australian criminal justice system.


Acquittal:
This term is used if the magistrate, jury or appeal court discover that an individual is not guilty in the charges against him/her.
Affidavit:
An itemized declaration made under oath before a notary public and other authorised officer. The individual that has written the declaration states that the contents are, to the better of their knowledge, true.
Appeal:
To create an appeal is usually to please take a case with a higher court as a way to challenge a decision produced by a lesser court or tribunal. For instance, an appeal from a decision in the Federal Circuit Court of Australia could possibly be made to the government Court. The one who appeals is called the ‘appellant’. However, it is worth noting that does not all decisions could be appealed.
Committal Hearing:
This is a hearing of all the so-called evidence that props up charge from the lower court by a magistrate who decides if there is sufficient evidence for the case to venture to trial. In most committal hearings, there could be witnesses who’re needed to provide evidence.
Complainant:
Here is the saying used in the courtroom to refer to the victim in the crime committed.
Defendant:
Here is the saying used in the courtroom to refer to the one who is being charged with a criminal offence. This term is interchangeable with ‘the accused’.
Deposition:
This is a typed copy in the evidence recorded in the courtroom.
Exhibits:
All evidence (apart from evidence supplied by the witnesses) needed to present true to the court, including photographs, clothing, documents or some other things that could possibly be relevant to true.

Indictable Offence:
A serious Brisbane lawyers that’s commonly heard in the higher court before the court along with a jury. Less serious indictable offences, called summary offences, usually are heard in the Local Court.
Indictment:
This is a formal written accusation charging having it . an offence that’s should have been tried in the higher court.
Jurisdiction:
Here is the extent of legal authority/power in the Court to apply regulations. For instance, australia wide the government Court has jurisdiction under a lot more than 150 Acts in the Commonwealth Parliament.
Mediation:
This is a process whereby an impartial alternative party, referred to as the mediator, assists in contributing to a compromise or agreed settlement without requiring the choice of your Court.
Plaintiff:
Here is the saying used to refer to anybody or party who initiates a civil action. To put it differently, this can be the person or party who brings in a situation contrary to the defendant, and seeks punishment for the person or people that committed the crime.
Plea:
This is the time the accused person (the defendant) tells the judge if they are guilty you aren’t accountable for the charge against them. If the accused pleads guilty, a trial will not occur along with the case proceeds with a sentencing hearing, which determines the punishment for the crime.
Subpoena:
A subpoena compels the look off an individual at the trial as a way to testify and/or produce documents. This is a court ruling, if it is disobeyed, the disobedient person might be in contempt of court.
Voir Dire:
This is a legal argument concerning the admissibility of your certain little bit of evidence in the courtroom. If this argument should happen, the witness along with the jury are sent of court until it finishes.

In case you have any questions regarding a criminal charge in Brisbane, please don’t hesitate to get hold of us. At Guest Lawyers, we specialise in criminal law and will be delighted that may help you with any questions or concerns. Goal to offer honest, respectful as well as simple to know legal services as a way to reduce the stress linked to your litigation.
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